Munnibai And Another vs State Of M.P

Prakash Shrivastava, J

This is first application filed by the applicants (accused) under Section 438 Cr.P.C. for grant of anticipatory bail.

The applicants are apprehending their arrest for the offence punishable under Section 306 of the I.P.C. registered with Police Station Vinayaka,

District Sagar in Crime No.23/2021.

Learned counsel for the applicants submits that co-accused Rajesh Singh and Shivani have been granted anticipatory bail by this Court by order dated

30.4.2021 passed in M.Cr.C.No.19100/2021 and M.Cr.C.No.16254/2021 respectively. He submits that the case of the present applicants stand on the

same footing, therefore, they are also entitled for grant of anticipatory bail on the ground of parity. He further submits that there is a property dispute

going on between both the parties and there is no material available in respect of abetment as defined under section 107 of the I.P.C. He further

submits that the basic ingredients of the offence under section 306 of the I.P.C. are not present and the applicants have been falsely implicated and if

arrested they will suffer serious prejudice.

In reply, the learned Panel Lawyer for the State has opposed the application for grant of anticipatory bail and has referred to the suicide note.

Considering the circumstances of the case and the issue of parity, I am of the considered view that the case for grant of anticipatory bail is made out.

Accordingly, the bail application is allowed.

It is directed that in the event of applicants’ arrest in connection with Crime No.23/2021, applicants Smt.Munnibai and Rohit be released on bail

upon their furnishing a personal bond in the sum of Rs.35,000/- (Rs. Thirty Five Thousand) each with one surety each of the like amount to the

satisfaction of the Station House Officer of the Police Station concerned.

The applicants are further directed to appear before the Investigating Officer within a period of two weeks’ from today. They would abide by the

conditions mentioned in section 438(2) of the Cr.P.C.

Certified copy as per rules.